Supreme Court Will Hear Appeals On Issues Of Settlement Privilege, Test For Class Certification And Test For Summary Judgment

On June 28, 2012, the Supreme Court of Canada granted leave to appeal in four separate cases that will be of significant interest to lawyers and potential civil litigants both in Ontario and across Canada. These appeals will give the Supreme Court the opportunity to provide guidance regarding:

1. the "preferable procedure" requirement of the test for class certification, particularly in the context of potentially overlapping class proceedings and regulatory actions (AIC Limited et al. v. Dennis Fischer et al);
2. the newly reconstituted test for summary judgment under Ontario's Rules of Civil Procedure (Robert Hryniak v. Fred Mauldin et al. and Bruno Appliance and Furniture, Inc. v. Robert Hryniak); and